The High Court directed Respondents 3 and 4 to decide within two months on the petitioners' claim for regularization of their services based on the Bank's absorption policy and a letter from the Registrar.
The Respondents 3 and 4 are directed to take an appropriate decision on the regularization claim within two months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1054 of 2021
======================================================
... ... Petitioner/s
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Aditya Narain Singh, Advocate Mr. Kundan Kumar Sinha, Advocate For the State : Mr. Uday Shankar Sharan Singh, GP-19 For the Begusarai : Mr. Kishore Kumar Sinha, Advocate Central Cooperative Bank ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER
3 17-08-2021
Heard Mr. Aditya Narain Singh, learned counsel for
the petitioners, Mr. Uday Shankar Sharan Singh, learned GP-19
Patna High Court CWJC No.1054 of 2021(3) dt.17-08-2021 2/5
for the State and Mr. Kishore Kumar Sinha, learned counsel appearing for the Begusarai Central Co-operative Bank Ltd.
“(V) Absorption of employee working in the bank on contract/Daily Basis:
The Board of Directors may absorb such contractual/daily basis employees in the regular service of the Bank who have come through different sources as per bank requirement and completed at least five years of continuous service in the Bank, his performance is satisfactory and there is no adverse remark against him. Provided further that in such absorption the policy of reservation and roaster point shall be taken
Patna High Court CWJC No.1054 of 2021(3) dt.17-08-2021 3/5
into consideration. Provided further that the Board may relax the maximum age for appointment in case of such absorption as determined in the service condition. Absorption of the employee can be done through interview organized by interview committee”.
Patna High Court CWJC No.1054 of 2021(3) dt.17-08-2021 4/5
taking any decision for regularization of the writ petitioners.
Patna High Court CWJC No.1054 of 2021(3) dt.17-08-2021 5/5
order.
writ application is, accordingly, disposed of.
(Anil Kumar Sinha, J)
S.Ali/-
U
2 issues framed by the court
Whether contractual employees of a Cooperative Bank are entitled to regularization under the Bank's absorption policy.
Whether the Bank is competent under Section 44 AV of the Bihar Cooperative (Amendment) Adhiniyam, 2008 to absorb or appoint employees.
1 provisions across 1 enactments
Amit Kumar Son of Sahdev Tanti
Sumit Kumar Son of Pawan Kumar Ray
The State of Bihar through the Principal Secretary, Department of Cooperative
The Registrar, Co-operative Societies, Department of Co-operative
Begusarai Central Cooperative Bank Ltd.
Managing Director, Begusarai Central Co-operative Bank Ltd.
Anil Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
